What is Wills Variation?

onOctober 1, 2013

If you have a spouse or a child, it may be necessary for you to make adequate provision for that person in your Will. If you do not make that provision your estate may be involved in litigation after your death.

A “Spouse” means not only a husband or wife of a lawful marriage, but also someone living and cohabiting with another person (of the opposite or same sex) in a marriage-like relationship for at least two years.

WESA permits a spouse or child of a testator to apply to the Court after your death for a share, or a larger share, in your estate. The court will take into account numerous factors in considering the application and may grant the application if it feels that you have not dealt fairly with that person under all the circumstances.